Rethinking The Systematization Of Types Of Security Interests

With the convening of the 19th National Congress of the Communist Party of China,we have also set higher demands on the future economic development of our country.We must unswervingly implement the new concept of development,change the mode of development,and enhance the development effectiveness.The development of the "the Belt and Road" will inject new impetus into the economic development of our country.Law is to escort economic development,and a scientific and reasonable guarantee system plays an increasingly important role in maintaining transaction security,reducing transaction risk,stabilizing financial investment mechanism and developing investment.The status and trend of our country's economic development have put forward higher requirements on the existing system of secured real rights in our country.How to construct and perfect the type system of security interests in our civil law has become a very serious and urgent issue for scholars and legislators.Based on the status quo of the security interest system in our country,this article summarizes the system of the type of security interest in China by using the comparative method,the historical method,the empirical analysis and the value analysis method,and points out the shortages and then analyzes the priority of French and German civil law and analyzes the relevant theories and concepts in Anglo-American law.At last,it puts forward feasible suggestions based on the traditional development of law in our country.In addition to introduction and conclusion,this article is divided into four major parts.The first part is to sort out the type of security interest in the current property law of our country.Secured real right is to ensure that the realization of a particular claim,the debtor or a third party with all their own things or rights as the subject of the restricted property rights.In addition to the general features of security interest,the security interest has the peculiar feature.Then according to different classification standards,the existing types of security interests in China are systematically categorized one by one,and listed in tabular form.The second part is about the origin of priority and the background of its legal system.The priority system originated from the Roman law.The Roman law originally established the priority system to protect the weak and maintain social fairness and justice so as to meet the needs of life development.The Romanian law initially established the wife's right to return the priority of marriage and the right of the guardian.Since the establishment of the priority system in Roman law,it has been perfected in the subsequent development of civil law and developed into a relatively complete legal guarantee right system.After knowing the development of priority,the ultimate goal is to analyze the priority right in the French law and the German law and then analyze the difference of priority right in the civil law between the two countries.The third part is the reason why our country should not adopt the concept of "priority"and the establishment of legal mortgage right.In this section,starting from the 286th article of "Contract Law",the article analyzes the nature of the priority right of repayment of the construction project stipulated in the article.The priority of construction project payment is to ensure that the contractor for the realization of the right to claim the price of the project provided for the right,in order to protect the interests of contractors and social equity.The object of priority claim is the completed construction project,which is the controlling right in the property rights.The precondition for the contractor to exercise this right is that the contract payment will not be paid due to the overdue contract,and the contract price will be used by both parties or applied to the people's court for auction to obtain the priority compensation for the project price.The fourth part is the systematic establishment of the type of security interest in our country.The main types of security interest in mainland China are Mortgage,pledge and liens.According to the possession of the collateral for possession and whether it is statutory security rights,you can divide the above three types,but there are gaps and shortages in the types of legal security interests that are not transferred.This situation is unable to meet the economic development needs of our country,and we should reconstruct and improve our country's type system of security interest.I think that we should properly handle the priority issues in our law.The concept of priority should be replaced by "legal mortgage" and to establish a security interest system of "coexistence of mortgage,pledge,liens,legal mortgage".At the same time,we should formally incorporate the "legal mortgage right" into the type of security interest in China,and should pay attention to its adaptation and connection with other types of security interest.